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Contents

Long Title

Part I PRELIMINARY

Part II ESTABLISHMENT OF LAND TITLES REGISTRY

Part III INITIAL REGISTRATION OF TITLES

Division 1 — Bringing land under the Act on alienation

Division 2 — Applications and schemes to bring land under this Act

Division 3 — Qualified titles and caveats

Part IV REGISTRATION

Part V EFFECT OF REGISTRATION

Division 1 — Indefeasibility and priority

Division 2 — No title by adverse possession

Part VI INSTRUMENTS

Part VII TRANSFERS

Part VIII MORTGAGES AND CHARGES

Division I — Mortgages of registered land

Division 2 — Common law mortgages notified on on land-register

Part IX LEASES

Part X EASEMENTS

Part XI TRANSMISSIONS

Part XII CAVEATS

Part XIII WRITS AND ORDERS OF COURT

Part XIV RESTRICTIVE COVENANTS

Part XV STATUTORY ACQUISITION AND SALE

Part XVI POWERS OF ATTORNEY

Part XVII CIVIL RIGHTS AND REMEDIES

Part XVIII SEARCHES AND CERTIFIED COPIES

Part XIX MISCELLANEOUS

THE SCHEDULE Part i

Legislative History

Comparative Table

 
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On 18/05/2013, you requested for the version in force on 18/05/2013 incorporating all amendments published on or before 18/05/2013. The closest version currently available is that of 28/03/2013.
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Registration and priority of instruments
37.
—(1)  The Registrar shall register an instrument in the following manner:
(a)
where the relevant folio is a manual folio, by endorsing a memorial of the essential particulars of the instrument in the form approved by the Registrar on that folio and duly signed and sealed and dated by the Registrar; or
(b)
where the relevant folio is a computer folio, by entering a memorial in the computer folio containing the essential particulars of the instrument registered, including the date of registration,
except that where an instrument affects only a registered lease and no folio has been created for the land leased, it shall be sufficient for the purposes of this Act if the particulars of the instrument are recorded on that registered lease.
(2)  Where 2 or more instruments which affect the same land have been lodged for registration at the same time by the same person and are awaiting registration, the Registrar shall register the instruments in the order in which he is requested in the lodgment application to do so by the person lodging the instruments.
(3)  Where 2 or more instruments which affect the same land have been lodged by different persons or by the same person at different times and are awaiting registration, the Registrar shall, subject to subsection (4), register them in the order which would give effect to the intentions of the parties as expressed in, or apparent to him from, the instruments.
(4)  Where the intentions of the parties referred to in subsection (3) appear to the Registrar to conflict, the Registrar shall register the instruments in the order in which they were lodged in registrable form, or were made registrable, as the case may be.
(5)  When instruments affecting the same estate or interest in any land have been registered, they shall, notwithstanding any express, implied or constructive notice, be entitled to priority according to the order in which they are registered and not according to the date of the respective instruments.
(6)  For a manual folio, the memorial shall bear the signature and seal of the Registrar or a facsimile thereof and the date of registration.
(7)  For a computer folio, the memorial need not bear the signature of the Registrar but shall show the date of registration and shall be authenticated in such manner as the Registrar considers appropriate.
(8)  Where registration has been effected under subsection (1)(a) or (b), the person who is named therein as taking an estate or interest becomes the proprietor of that estate or interest.
(9)  The Registrar, on being satisfied that any entry in the land-register has ceased to affect the land to which it purports to relate, may of his own motion cancel that entry.